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Aggregate Resources Trust under the Aggregate Resources Act

Aggregate Resources Trust under the Aggregate Resources Act. Recycling Council of Ontario January 20, 2010 Stuart Thatcher, Senior Policy Advisor Aggregate & Petroleum Resources Section Ministry of Natural Resources. Minister’s (MOE) Report: Disposal levy. Intent:

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Aggregate Resources Trust under the Aggregate Resources Act

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  1. Aggregate Resources Trust under the Aggregate Resources Act Recycling Council of Ontario January 20, 2010 Stuart Thatcher, Senior Policy Advisor Aggregate & Petroleum Resources Section Ministry of Natural Resources

  2. Minister’s (MOE) Report: Disposal levy Intent: • Support Extended Producer Responsibility by “Implementing a disposal levy to narrow the gap between the cost of diversion and disposal, and shift behaviour toward greater diversion” • “Applying levy to all waste discarded in both the IC&I and residential sectors” • “Using disposal levy revenues to support the waste diversion efforts of businesses, consumers, and municipalities such as measures aimed at design for the environment and consumer education” • “Establishing appropriate oversight and administration mechanisms for the disposal levy revenue”

  3. Background • From 1990 to 1997 MNR collected the licence fees and disbursed the fees to affected municipalities • Monies were collected and deposited as general revenue (CRF) • MNR examined the feasibility prior to 1990 to have this money placed in a Special Purpose Account (SPA) • Government of the day was not receptive to creating any more SPA’s • In 1997, MNR underwent a major restructuring and downsizing exercise • Resulting in the ARA being amended and the establishment of a Trust

  4. Roles - 1997 • MNR’s Role • Setting standards • Approvals • Enforcement • Private Sector / Industry Role • Compliance reporting • Operational accountability • Trust management

  5. Achieved By…. • Elimination of Legal Requirements • Transfer of Accountability • Establishment of Trust • Streamlining Process • Delegation / Exemptions • Enhanced Deterrence

  6. Terms of the Trust – Section 6.1 of the ARA • The Trust shall provide for the following matters, on such terms and conditions as may be specified by the Minister: • The rehabilitation of land for which a licence or permit has been revoked and for which final rehabilitation has not been completed. • The rehabilitation of abandoned pits and quarries, including surveys and studies respecting their location andcondition. • Research on aggregate resource management, including rehabilitation. • Payments to the Crown in right of Ontario and to municipalities in accordance with the regulations. • Such other matters as may be specified by the Minister.

  7. Terms and Conditions of the Trustee • Through a legal “Indenture” signed by the Minister and APAO now OSSGA • Interpretation • Settlement • Appointment and Term • Settlor’s Representation • Information to be Provided to Trustee • Payments into the Aggregate Resources Trust

  8. Terms and Conditions of the Trustee – continued • Through a legal “Indenture” signed by the Minister and APAO now OSSGA • Payments out of the Aggregate Resources Trust • Administration of Trust • Trustee’s Remuneration • Limitation of Liability and Indemnification • Notice • Governing Law

  9. Aggregate Resources Trust • $60 million transferred from 6000 individual accounts (licences/permits) • $48 million returned to Licensees/Permittees • $12 million invested to pay for staff, office, etc. • Trustee (TOARC) lives off the interest • No cost to government/MNR • $12 million now sits at $18.3 million

  10. The Ontario Aggregate Resources Corporation (TOARC) - Trustee • Private Corporation • Registered under the Business Corporations Act • Privately owned by the OSSGA • 8 Board of Directors (4 OSSGA) • MNR a member as an ex-officio • Chairman of the Board is always an OSSGA member • Quarterly reports prepared for MNR • Annual report submitted to the Minister

  11. Accountability • The Trust must submit quarterly financial statements to MNR • The Trust must report annually to the Minister on the financial affairs of the Trust • The Minister must submit the report to the Lieutenant Governor in Council and shall table the report in the Legislative Assembly • Money held by the Trust does not form part of the Consolidated Revenue Fund • Any money owing to the Trust is a debt due to the Trust • The decision making powers of the Trust are in respect to what site may or may not get rehabilitated

  12. Workings of the Trust • Aggregate Resources Trust • Invoices Annual Tonnage Reports • Collects Licence fees ($19m) • Collects Royalties & Fees ($1.8m) • Rehabilitation security • Research • Abandoned pits & quarries rehabilitation

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